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July 2024 |
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Chevron apple cart overturned
The U.S. Supreme Court recently threw out one of the cornerstones of administrative law, underpinning regulations crafted by all federal administrative agencies, not just EPA. Established as a legal precedent in 1984, “Chevron deference” essentially says if an administrative agency’s implementation of a law via regulation is reasonable, the courts will defer to the agency’s expertise when the law is not explicit. Because the Supreme Court overturned this apple cart without providing an alternative test, it’s going to be chaotic, so watch your step. READ MORE
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PFOA/PFOS subject to CERCLA
Evidence shows that PFAS releases may pose a substantial danger to human health and the environment. On May 8, 2024, EPA finalized a rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesuflonic acid (PFOS), including their salts and isomers, as CERCLA hazardous substances. This rule sets a reportable quantity of one pound for these chemicals. Now, EPA and state agencies can quickly respond to PFOA and PFOS releases and recover cleanup costs. READ MORE
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Conquer air with McCoy!
Ready to conquer the Clean Air Act next month? Join us for the upcoming CAA .VIRTUAL seminar August 6-8, 2024, and we’ll begin the CAA siege. Start the duel by uncovering strategies to better understand air quality regulations and finish the battle with gained confidence—enough to handle any Clean Air Act complexity with pride. Let the conquest begin!
Oh, and don’t forget to register five business days before the seminar to avoid shipping costs! And if you can’t make those dates, the next available .VIRTUAL CAA seminar is October 22–24, 2024.
CAA seminar agenda
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RCRA, Tahoe, lodging for $89
McCoy’s Lake Tahoe seminar is only one month away—August 19-23, 2024. We have a room block for $89 per night until August 5, so sign up today and get RCRA Fundamentals, Air Emissions, Manifesting, LDR, and more. If you’ve considered going, reserve yourself a seat and make hotel accommodations before they fill up!
Check out the seminar agenda
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MATS emissions slashed
The CAA’s mercury and air toxics standards (MATS) regulate emissions from coal- and oil-fired electric utility steam generating units. MATS has been no stranger to controversy, with EPA being taken to court repeatedly over the standard’s requirements and implementation. The agency’s most recent efforts to strengthen this rule involve cutting emission limits and requiring continuous emission monitoring. This May 2024 rule has been finalized largely as proposed, with only a few minor changes. READ MORE
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Decarbonized cement?
Could Brimstone’s decarbonized cement be the groundbreaking solution the cement industry desperately needs? Instead of using carbon heavy limestone, Brimstone produces their cement with carbon-free calcium silicate rocks, and it’s still chemically and physically identical to conventional Portland cement—the most common and trusted cement used all around the world. Check out their full decarbonized process on their website!
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RCRA permits screen for climate change
On June 5, 2024, EPA finalized guidance for assessing climate change impacts in the RCRA hazardous waste permitting process. [RO 14964] Such assessments involve conducting climate vulnerability screenings, identifying the potential effects of climate change, and adaptations throughout a facility’s permit lifecycle in response to those effects. As mentioned in a previous article on the original draft memorandum, the guidance highlights seven potentially relevant regulatory provisions to address climate change vulnerabilities during permitting. EPA is developing tools like sea level rise projections to aid in these screenings and anticipates further policy updates to enhance climate resilience within the RCRA program.
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Fallish RCRA .V
Mark your calendars… McCoy’s next .VIRTUAL 5-Day RCRA seminars are back this fall! Broadcasting live September 16-20, 2024, and November 4-8, 2024, get a chance to learn from industry expert presenters and improve your compliance skills from the comfort of your own home! We’ll ship a course materials package to you prior to the seminar, so be sure to provide a good shipping address during registration.
Full McCoy seminar lineup
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Detroit’s urban farming resurgence
See how Detroit is revitalizing their urban landscape by transforming abandoned lots into thousands of thriving gardens. The city’s urban agriculture movement began all the way back in the 1890’s. Fast forward to 2024—they celebrate a whopping 2,200 gardens and farms that help address food security issues and rejuvenate Detroit neighborhoods.
Watch the Ted Talk “How urban agriculture is transforming Detroit”
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Legacy CCR impoundments rule
On May 8, 2024, EPA finalized a coal combustion residuals (CCR) rule for inactive surface impoundments at inactive electric utilities, also referred to as legacy surface impoundments. This rule requires facilities with legacy surface impoundments to comply with the existing requirements for active CCR surface impoundments. Deadlines, additional requirements, and numerous technical corrections are also included in the final rule. READ MORE
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ICON’s 3D printed homes
ICON is becoming one of the leaders in 3D printing technology with their innovative construction and homebuilding. Their mission is to tackle the global housing crisis and optimize space utilization with cheaper to build, longer lasting homes. More recently, ICON partnered with NASA, and aims to build the first structure on another world using 3D printing and advanced robotics.
See the 60 Minutes featuring ICON and their founders here
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Stationary source gasoline standards strengthened
Multiple CAA standards control gasoline distribution and transfer, and in May 2024, EPA finalized numerous revisions to the NSPS and NESHAP that regulate these activities. The agency’s final rule results from its technology reviews of Part 60, Subpart XX and Part 63, Subparts R and BBBBBB. A new Part 60, Subpart XXa has also been created to reflect the best system of emission reduction. EPA expects these new provisions to cut thousands of tons of VOC from the atmosphere and reduce emissions of HAPs like benzene, hexane, and xylene. READ MORE
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Copper smelting NESHAP controls
On May 13, 2024, EPA finalized new provisions for the primary copper smelting major source and area source NESHAPs. [89 FR 41648] The major source standard of Part 63, Subpart QQQ contains new particulate matter limits for previously unregulated emission points and reduced emission limits for HAPs like mercury, benzene, and dioxin/furans. Both Subpart QQQ and the area source standard of Part 63, Subpart EEEEEE now contain electronic reporting requirements. The startup, shutdown, and malfunction exemption has also been formally removed from both standards, though this provision was previously vacated by the courts and was removed from the Part 63, Subpart A general provisions in 2021. The emission limits and work practice standards for area sources were not revised. This final rule is effective May 13, 2024, and more information is available via Docket ID No. EPA-HQ-OAR-2020-0430.
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California, here RCRA comes
We’ve heard it time and time again—California's hazardous waste regulations can be tough to grasp and require a thorough understanding of both state and federal regulations… then there’s HSC and CCR to worry about! Join our .VIRTUAL seminar, October 7-10, 2024, specifically designed to simplify and clarify these regulations, providing you with the guidance needed to manage hazardous waste in California—reserve your spot today!
Access the 4-day CA T22-RCRA schedule here!
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Copyright ©2024 McCoy and Associates, Inc.
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McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with any guidance provided in RCRA Review. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which such guidance may conflict. Any guidance in RCRA Review is general in nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.
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